[Code of Federal Regulations]

[Title 15, Volume 3]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 15CFR960.6]



[Page 297-298]

 

                  TITLE 15--COMMERCE AND FOREIGN TRADE

 

CHAPTER IX--NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT 

                               OF COMMERCE

 

PART 960_LICENSING OF PRIVATE REMOTE SENSING SYSTEMS--Table of Contents

 

                           Subpart B_Licenses

 

Sec. 960.6  Review procedures for license applications.



    The following procedures are consistent and have been harmonized 

with those procedures, including time lines, described in the Fact 

Sheet, at Appendix 2 of this part, which governs in lieu of this section 

and Sec. Sec. 960.7 and 960.8 with respect to the process for reaching 

determinations of conditions necessary to meet national security, 

international obligations and foreign policy and which is outside the 

scope of the regulations in this part.

    (a) The Assistant Administrator shall within three (3) working days 

of receipt of an application, forward a copy of the application to the 

Department of Defense, the Department of State, the Department of the 

Interior, and any other Federal agencies determined to have a 

substantial interest in the license application. The Assistant 

Administrator shall advise such agencies of the deadline prescribed by 

paragraph (b) of this section to require additional information from the 

applicant. The Assistant Administrator shall make a determination to 

issue the license, in accordance with the Act and Sec. 960.1(b), within 

120 days of its receipt. If a determination has not been made within 120 

days, the Assistant Administrator shall inform the applicant of any 

pending issues and any action required to resolve them.

    (b) The reviewing agencies have ten (10) working days from receipt 

of application to notify the Assistant Administrator in writing whether 

the application omits any of the information listed in Appendix 1 of 

this part or whether additional information may be necessary to complete 

the application. If these agencies cannot complete their review in the 

time allotted, they must notify NOAA in writing of the additional time 

needed to complete review, not to exceed ten (10) working days. This 

notification shall state the specific reasons why the additional 

information is sought. The Assistant Administrator shall then notify the 

applicant, in writing, what information is required to complete the 

license application. The 120-day review period prescribed in Section 

201(c) of the Act will be stopped until the Assistant Administrator 

determines that the license application is complete.

    (c) Within thirty (30) days of receipt of a complete application, as 

determined by the Assistant Administrator, each Federal agency consulted 

in paragraph (a) of this section shall recommend, in writing, to the 

Assistant Administrator approval or disapproval of the application in 

writing. If a reviewing agency is unable to complete its review in 

thirty days, it is required to notify NOAA in writing of additional time 

necessary to complete the review.

    (d) If the license application is denied, the Assistant 

Administrator shall provide the applicant with written notification 

along with a concise statement of the facts in the record determined to 

support the denial. This denial will be considered final agency action 

twenty-one (21) days after the date the notice was mailed, unless the 

applicant files an appeal, as provided in Sec. 960.10.

    (e) The Assistant Administrator shall terminate the license 

application review process if:

    (1) The application is withdrawn before the decision approving or 

denying it is issued; or

    (2) The applicant, after receiving a request for additional 

information pursuant to paragraph (c) of this section, does not provide 

such information within the time stated in the request.

    (f) No license shall be granted by the Secretary unless the 

Secretary determines, in writing, that the applicant will comply with 

the requirements of the Act, any regulations issued pursuant to the Act, 

and that the granting of



[[Page 298]]



such license and the operation of the license and system by the licensee 

would be consistent with the national security interest, foreign policy 

and international obligations of the United States.